Bills generated after sale completion for periods before sale completion.

nicmyles

It seems odd that no retention funds were kept, that would be very normal for a leasehold sale.

eddddy

Bibblybobblyboo said:

The ‘bill’ that I have received:

• was generated over 7 months after the completion date

• is an estimate for 6 weeks of ‘energy’ prior to the completion date

You need to clarify this a bit.

• 1) Is the bill a Service Charge bill - i.e. a charge for something the landlord/management company is required to do by the lease?

Or

• 2) Is the bill an energy bill - i.e. a charge resulting from a contract for supplying energy to you, which is outside the lease?

If it's a leasehold Service Charge bill (i.e. option 1), then the rules mentioned in this thread apply.

If it's an energy bill (which is not related to the lease) (i.e. option 2), then you are almost certainly liable to pay the bill...

.. just like you'd be liable for an electricity bill, phone bill, broadband bill, etc that relates to the period you owned the property.

Bibblybobblyboo

Thanks guys.

UPDATE - with the looming reality of investigation by third parties, the managing asked me to show them that I had a final bill from their predecessor. I gave them the final statement (which was settled in full by my solicitor ages ago). I'll keep you posted.

The money being sought falls under/within the service charges and it isn't an energy bill. It was always controlled and billed to leaseholders by the managing agents for the landlord as part of the service charges. Only the landlord can have a contract with the estate's utilities providers for heating and water. The leaseholders don't have any access to the meters. Leaseholders are not allowed to see the meters, which are in a locked cupboard furnished with an alarm. Leaseholders cannot choose a provider. The providers have a big municipal type of contract with the landlord managed by the managing agent. It's a service charge.

It's not abnormal to have a retention as far as I'm aware, but not necessary and not odd not to have one.

@eddddy @nicmyles

eddddy

What you say sounds very strange.

It's hard to believe that a management company don't understand the law on billing of service charges.



As another wild guess - did you pay your service charge monthly?

i.e. You had an arrangement to pay your annual (or bi-annual) service charge in monthly installments 

If so, it could be that a service charge was payable sometime before completion; but you had an arrangement to pay it in 12 installments over 12 months; and the management company don't think you've paid off all 12 installments.

Bibblybobblyboo

@eddddy I’m hoping it’s going to be a tiny admin !!!!!!-up. Everything billed at the time was paid. My solicitor is rock hard about it. I’m sure that both the old and new management companies do understand full well the law on billing of service charges.  I suspect the managing agent would like to get away with extorting this cash from me. Their ‘go away’ attitude to me up front when I asked them to put this right and their fibbing suggests this. They’re now investigating, but only because I invoked the name of the Property Ombudsman. What a shameful mess and such unnecessary disturbance for me. Thanks for the help. I’ll report back. 

Bibblybobblyboo

@eddddy@nicmyles @essexhebridean @dullgreyguy @loubel @saajan_12

The current managing agent has written to me with a final response to confirm that I settled what was owing for my completion of sale, they agree that the matter was closed and that I should not have been billed.

I've just asked them to be really super clear that no money will be sought from me at all in relation to my old flat. 

Would've been nice for them to have done this without my invoking the hallowed name of the Ombudsman, bring in their local MP and call on their CEOs, but we got there faster than I feared.

Thank goodness! 

I really appreciate your input and presence.

Thank you very much for helping me think it through and test my sanity.

Bibblybobblyboo

@eddddy@nicmyles @essexhebridean @dullgreyguy @loubel @saajan_12
The managing agent has confirmed clearly that no money will be sought from me at all by them or their agents. Case closed (for me). I hope this helps other navigate their way through the same or a similar situation.

EssexHebridean

I’m pleased to hear that you have everything resolved - excellent news! 

I think retentions are becoming less common than they once were - in part because the rules for solicitors accounting are getting ever tighter, and frankly retentions are a paid as they keep showing up on reports as a problem!